Student at Hidayatullah National Law University, India
This paper provides a comprehensive study of the doctrine of specific performance under the Indian Contract Act. The doctrine of specific performance refers to the judicial remedy of compelling a party to perform a contractual obligation, rather than awarding damages. The paper begins with an introduction to specific performance and its importance in contract law. It explains why specific performance is considered an equitable remedy and how it differs from damages. Next, the paper traces the history of the doctrine of specific performance under the Indian Contract Act, from its inception in 1872 to the present day. It examines how the doctrine has evolved over time and the key legislative and judicial developments that have shaped its interpretation. The paper then examines the legal requirements for specific performance under the Indian Contract Act. It analyses the provisions of the Act that govern specific performance and the key conditions that must be satisfied before a party can seek specific performance. The paper also provides an analysis of case law on specific performance in India. It discusses the various factors that courts consider when deciding whether to grant specific performance, and the various challenges and limitations that can arise in specific performance cases. Furthermore, the paper compares the doctrine of specific performance in India with that of common law and civil law jurisdictions. It highlights the similarities and differences in the legal frameworks and how they affect the use of specific performance as a remedy. The paper also examines the criticisms and debates surrounding the doctrine of specific performance in India. It discusses some of the common criticisms of specific performance, such as its potential for abuse and its impact on parties' freedom to contract. Finally, the paper concludes with an assessment of the implications of the doctrine of specific performance for contract law in India and offers some suggestions for future developments.
International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 1029 - 1037DOI: https://doij.org/10.10000/IJLMH.114967
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